i'm not doing my story. >> thanks for showing us that, scott. so the next time you see what you think is cereal on the floor, i hope you remember this, it's all part of a balanced breakfast. that does it for us. "early start" begins right now. overnight, it happened again. the obama care website goes down. and this morning, the woman responsible for implementing the law will be grilled by congress over what went wrong and who's to blame. have the allies of the united states during the course of that time engaged in anything you would qualify as an espionage act targeted by the united states? >> yes.

>> surprising us, to, the chair denying claims that the united states is eavesdropping. in light of all of this information, are you telling us you don't know anything more about michele's death? >> so did a utah doctor murder his wife to be with his mistress. the explosive trial, the twists and turns, as the other woman takes the stand with intimate details about their relationship. >> we have so much for you this morning. good morning to you, welcome to "early start." i'm zoraida sambolin. >> and i'm john berman. it's wednesday, october 30th. it is 5:00 a.m. in the east. we're going to begin with health and human services, kathleen sebelius, 9:00 a.m., sebelius will be facing off with republicans who have been call for her head. all this, folks, after a dark night for the health care. the website facing another

outage making it impossible for anyone to sign up. we gotbryani brianna keilar. >> reporter: a highlighted potential problems. raising redding flags like we don't have access to monitoring tools. not enough time and schedule to perform adequate performance testing and hub systems are intermittently unavailable. meaning the site quits working at times. yet, they weren't passed along to president obama. he didn't know there were problems until the site launched. >> well, i think it became clear fairly early on, the first couple of days? >> but not before that? >> reporter: when kathleen sebelius takes the stand today she will report a subset of those contracts have not met

expectations she said in her prepared remarks which she will deliver after another outage hit the site overnight. last week, those very contractors pointed the finger at hhs. we have no role in the development of the website. >> reporter: tuesday, the head of the centers for medicare and medicaid services in charge of implementing obama care told americans who have struggled with the website that she's sorry. >> i want to apologize to you that the website has not worked as well as it could. >> reporter: republicans grilled marilyn tavenner about americans on the individual insurance market who have seen their current coverage canceled or modifieded. more than 1 million with cnn's estimate. >> you have no idea? >> reporter: as they pressed her for the number of americans unable to enroll in obama care. >> we'll have those numbers available in november. in november. we'll have those numbers available in mid-november. the director of the embattled nsa defending his

agency surveillance operations. general keith alexander telling members of the house and intelligence community that the u.s. has never gathered e-mail and phone of citizens in france and spain. insisting the work of the nsa is focused on keeping the american people safe. >> there has not been a mass intel here in the u.s. since 2001. that's not by luck. they didn't stop hating us. they didn't say that they were going to just forgive this. they continue to try. >> general alexander did seem frustrated or at least angry. went on to say that media outlets have misinterpreted documents that were leaked by edward snowden. and much of the data from europe was collected by intelligence agencies of our allies. they collected the phone records said general alexander and shared them with the u.s. u.s. special forces reveal they were just hours from

embarking on a dangerous covert operation earlier this month to capture a major benghazi terror suspect. special forces were ready if ordered to capture ahmed abu khattala. the mission never materialized. partly because there was so much publicity inside libya and the western press about another raid in libya just hours later. that raid led to the capture of suspected al qaeda operative abu anas al libi in tripoli. and he's in u.s. soil. maliki will meet with president obama on friday. he is asking the u.s. for more counterterrorism aid and he'll also discuss purchasing american-made apache highlights and other equipment. senate leaders are warning that maliki is leading america back to civil war and he's who tao

receptive to the influence of iraq and iran. both sides calling tuesday's discussions in vienna very productive, while agreeing meet again on november levin in tehran. negotiations are designed to ease international concerns about iran's nuclear ambitions. the head of the u.n.'s international atomic energy agency praised the iranians for their kwoorpgs during the two-day session. records keep falling on wall street. the s&p 500 and the dow soaring to all-time highs yesterday. investors giddy over reports that the federal reserve plans to maintain its market friendly stimulus spending for several more months. that's the look of giddy. the dow finishing up 111 points on tuesday closing at the record high of 15,680. the s&p 500 also at a new high, closing at 1771. president obama's pick to be the next federal reserve chairman is running into a bit of a road block.

janet yellen's been dominated but senator rand paul says he intends to hold up the nomination until the senate agrees to vote on the federal transparency act. that measure passed the news 2012 but it stalled in the senate. insisting it is needed so the american people can see what the federal reserve is actually doing with the country's money supply. it's money time in about 15 minutes. christine romans will have much more on the markets and what the fed is like lie to do later on today. survivors of superstorm sandy lighting up the beach along the jersey shore. hundreds of people hundreds of lights in the sky, each a symbol that union beach will come back stronger than ever one year after the storm. >> you will see homes that are being rebuilt. but the shame of it is, they really need a lot more help than they've been given. and it's very sad. it's very sad. but they are strong and they live up to their name.

>> in a statement, president obama said last year has been a reminder of the strength and resilience of the american people. >> and they need a little patience as well, more patience. let's get a check of your midweek. indira petersons is here. >> it's mild, especially in the northeast. temperatures below normal as a cold front swept through. boston, 55. providence about 57. it's a little chilled. these are going to be your highs. they are below normal. the system is going to be making its way across the country really throughout the week and it will have a severe component to it. that's something that we're going to be watching. keep in mind it's a system that brings a little snow through portions of wyoming and colorado. but it brought heavy snow for the last few days. craig, montana, got over a foot of snow from the same system. the reason this is so important, we're looking at all the ingredients coming together.

it's that warm moist air that the system is about to move into. for that reason we have that severe weather threat. through parts of the south and texas, we're looking for thunderstorms and even more, strong winds out there. making its way across the country for halloween. >> i always ask for good news. i think that's relative, right? where you live? thank you very much. the trial that so many people are talking about. >> he had never loved michele. >> the doctor accused of killing his wife. the bombshell statement he made to his mistress' mother shortly after his wife's death. and lindsay lohan's playbook. >> tweet us yours.

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welcome back to "early start," everyone. dramatic testimony in a trial of a utah doctor accused of drugging and drowning his wife to be with the mistress. now jurors are hearing from the other woman and her mother. cnn's jean casarez was in the courtroom. >> reporter: day two of gypsy willis' testimony took the jury back, a secret along with michele and the rest of the family before and after her death. >> were you exchanging terms of endearment in texts? >> i expect so, yes. >> i love you, wish you were here at work? >> probably. >> reporter: martin is accused of murdering his wife of 30 years with a lethal combination

of drugs after pushing her to get a face-lift so he could be with willis. she moved into the macneill home soon after the funeral as the family nanny and she says martin's lover. with macneill looking on, willis admitted she sent him hundreds of texts, as well as provocative photos even the day after his wife died. >> i took pictures of myself whenever i thought i looked okay, yeah. >> can you describe the consent of these two pictures for me? >> they are of me in a mirror, you know, exposing my back. >> is it exposing below your back as well. >> there's one picture that is a little bit suggestive. >> it's showing your buttics. >> yeah. >> and in the other one, it's not showing your chest area, but you are shirtless? >> well, i'm -- my back is

exposed. >> reporter: and it wasn't long before talk of marriage was in the air. >> it was a diamond ring. >> how big? >> how big carat? >> yeah. >> 4 1/2. >> do you remember the cost of that ring? >> around 7,000. >> in terms of the marriage plan, the two of you were very serious about getting married. >> i believe so. >> were the two of you ever officially married, though? >> no. >> despite not being officially married you still held yourself out as jillion macneill. >> did have you a marriage date? >> april 14th, 2007. >> what is the significance of april 14th, 2007? >> that is the day of the funeral. >> despite their hidden relationship, willis denied any involvement in the death of michele macneill. >> in light of all of this information, are you telling us

you don't know anything more about michele's death? >> that is correct. >> reporter: but the bombshell of the day did not come from gypsy, it was her mother who took the stand and recounted a conversation she had with martin macneill shortly after he became engaged to her daughter. >> he said to me that he had never loved michele. then he amended that to say i -- well, i did, i loved her as a sister. but i did not love her the way i love gypsy. >> reporter: jean casarez, cnn, provo, utah. >> wow. >> yeah, that's about the only world to express emotion about that, wow. chris brown, the r&b singer, seeking anger management treatment. this after appearing in court northern assault charge. he's still on probation for a 2009 felony conviction for assaulting his former girlfriend singer rihanna. he could face up to 180 days in jail.

it's that time of day, i've been hearing about it all morning. the bulls are playing. >> i'm so excited. >> nba season up and running, lebron james and the heat got things started. andy scholes joins us with the "bleacher report." >> beating my bulls. that's okay, derick looked good. >> it's about lebron and the heat. before they begin their quest for a three -peat, they celebrated, the heat raising the banner into the rafters and receiving their rings. 242 diamonds in this year's ring. in championship form from the start. they held the bulls to 33 points. in his first game back, derrick rose looked pretty good but he did just score 12 points in the game. the heat were victorious, they won 107-95. kobe, no problem for the

lakers last night. kobe's still out with his torn achilles. this is supposed to be the year the clippers establish the dominance. the reserves for the purple and gold played the entire fourth quarter and they scored a ridiculous 74 points in the game. upsetting the lakers, 116-103. game six of the world series is tonight. getting to boston for the game turned out to be a travel nightmare for the cardinals. the mechanical problems kept the players stranded on the tarmac for more than six hours last night. team boarded a new plane and arrived in boston shortly after 11:00 p.m. fans are paying big bucks to see big papi make history tonight. a ticket sold for more than $12,000 on stubhub for tonight's game. standing room only tickets going for 1,000 bucks.

tickets are so special because boston hasn't clinched a game at home since 1918. >> we're used to seeing bill belichick roaming the sidelines wearing a hoodie and a scowl. but you never have seen him like that. check him out. that's bill belichick dressed up for halloween. he's smiling. wielding a sword. went as a pirate. i guess this is his favorite costume because it's the second time he's worn it in the last three years. >> recycling. >> andy, thank you so much. you want to be pampered in business class but you can't afford the airfare, yep, without effort, you could be taking off in an upgraded seat without that price tag. it's today's road warriors. there's new software called plus grade. it's allowing passengers to bid online for premium ticket upgrades. it's being used by more than a dozen international airlines.

so here's how it works for you. the bidding is auction style. of course, the highest offer will bin. bidding options are airline specific. so it's really insurance to research your carriers policies. you may be eligible for a first class upgrade. airlines won't say how much a first class seat will cost, there's a good chance you'll pay full price for an upgraded ticket. depending on when and where you fly. as most airlines adopt this new system, the bad news it may be harder to get all of those free upgrades that we have been accustomed to. >> addicted to. 20 minutes after the hour, coming up, it was a record day on wall street. my goodness, look sat those smiles. what is sending stocks soaring? we'll tell you "money time" next. (vo) you are a business pro. maestro of project management.

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♪ hey, welcome back to "early start." it's "money time" christine romans is here. i know, too much coffee, green tea, you got to deal with me this morning. >> okay. it has been a caffeinated month for stocks, a year, really. futures this morning were higher again after the dow and s&p both finished at records. for the dow, the 32nd record close this year. s&p matched its 33rd of the year. the nasdaq matched by 12 points that was even with another outage due to human error that froze things for nearly an hour at nasdaq. quite a rally. the nasdaq is up 31%. the dow's up 20%. and the s&p 500 is up 24%. here's something really interesting for stock investors

watching their 401(k)s. there have been king-size inflows, a tidal wave of cash and ets. exchange rate of funds, $277 billion worth. that's the most for one year since 2000. we've still got two months to go this year, so it shows you that investors believe in their rally and putting their money where their mouths is. the other big story, the fed, ben bernanke and his team wrapping up another two-day meeting. no changes in the stimulus that's helping to keep interest rates low. there might be choose about future fed thinking. the fed might acknowledge a weak job market. and that might mean any cut in stimulus would be delayed until sometime next year. that's good for low interest rates and the stock market. the fed says anything done by the damage done by the economy, it would be another reason for the fed to hold off on trimming its stimulus.

again, keeping interest rates low and keeping stock markets high. >> can we switch gears and talk about something that caught my eye. >> this is breaking news, actually. >> it is a problem. a global wine shortage? >> breaking news. it is true, zoraida. you can start stockpiling in your basement. there's not enough wine in the world. the industry is experiencing an undersupply of 300 million cases a year. this is according to a research report by morgan stanley. that's despite the fact wine producers make 2.8 billion cases of wine a year. still not enough to keep up with global demand. rising global demand. production actually fell last year because of bad production in france and argentina. the biggest producers of wine. france -- >> france, united states and china. discipline credible. >> 400 million cases a year. we consume. my question is is this good for

folks who have local wineries, perhaps, right? >> i think it would be. you're seeing a lot more of local wineries popping up and organic wineries. and the locovoire mark. >> you keep looking for the wine. >> thank you, christine. coming up, a bold break-in. a young girl snatched from her bed in the middle. night. we have new developments for the search for the man who tried to kidnap here. that's coming up next. cause i'm really nervous about getting trapped. why's that? uh, mark? go get help! i have my reasons. look, you don't have to feel trapped with our raise your rate cd.

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♪ a critical moment for obama care, just hours away, the woman responsible for implementing the president's health care law gets grilled by congress overt website's rocky rollout. i woke up, my dogs were barking like crazy. there were ambulances and fire trucks out here. >> a community shaken as the reward doubles for the man who tried kidnap an 8-year-old girl from her bedroom. ma'am, are you okay? >> she was distraught. she was distant, she was disconnected. >> we love this man. >> a woman stopping a suicidal woman from jumping off the bridge. the compassionate encounter. it was caught on camera. >> welcome back, everyone.

i'm john berman. >> and i'm zoraida sambolin. >> get ready for extreme drama on capitol hill. a face-off over obama care, this as cnn has new information about warning signs that were missed or lured or simply not acted on. health and human services secretary kathleen sebelius testifies in just over three hours, man, do they have a lot of questions for her. in other helping remarks, she will tell that medicare and medicaid services have quote a track record of successfully overseeing the contractors our programs depend on to function. unfortunately, a subset of those contracts for healthcare.gov have not met expectations. while sebelius continues to travel to boston for the health care push, this is has the red flags were raised well before the botched rollout.

let's get more from joe johns. >> reporter: cnn has learned that the obama administration was warned in september that the. [ kaye website wasn't ready to go live. the main contractor cgi issued this confidential report to the agency overseeing the healthcare.gov rollout. it warned of a number of open risks for the website. the report gave the highest priority to things in plain language like we don't have access to monitoring tools. not enough time and schedule to conduct adequate performance testing. and hub services are intermittently unavailable. short for the site's not working sometimes. cgi saying back in september they were putting a team in place to alert whenever the hub goes down. up on capitol hill tuesday, the head of cms, the agency that received that report, kicked off testimony by saying she's sorry. >> we know that consumers are eagle tore purchase this coverage and to the millions of americans who have attempted to use health dare caught govern to shop and enroll in health care coverage, i want to apologize to

you that the website has not worked as well as it should. >> reporter: marilyn tavenner wasser. ed with questions about when she'll have numbers. >> we'll have those numbers available in mid-november. in mid-november. in mid-november. >> reporter: she doesn't expect a massive influx of enrollees at first. >> i'll remind you that enrollee does occur until march 31st of 2014. i'll also remind you that the massachusetts experience was very slow initially. and that it started to ramp up over time. we expect the same type of projections. >> reporter: but the website problems were almost like window dressing in the hearing room where the open health care war fare has been waged for decade. a democratic congressman leaped out of his chair claiming when it came to obama care the gop didn't exactly return the favor. >> how many of you stood up to

do that, none. zero. >> it's a false choice to say it's obama care or nothing. >> are you really serious? you had a legitimate alternative? we got you 44 votes. >> this hearing was only a warmup for the main event on wednesday when health and human services secretary kathleen sebelius appears before another committee and she'll surely get questions from other contractors. on the warnings of cgi, the company points out that it didn't raise any alarm bells in mid-september. cnn also received a statement saying this is a point in time when we worked to address those issues. joe johns, cnn, washington. the irs may have a tough time forcing to you pay the obama care penalty if you're uninsured next year. the agency could deduct penalties from a tax refund, but if you aren't owed anything, the irs' options are very limited. why? congress banned the irs from using its usual techniques to

force people to pay the penalty when it passed the affordable care act in 2010. we have a chilling story out of colorado. police this morning searching for a predator who snatched a little girl from her bedroom in the middle of the night. authorities say the man pulled her through the unlocked window but the 8-year-old fought back courageously breaking free. her father heard her screams and ran outside to help her. he tells police he saw the suspect speeding away in the alley behind the house. >> we are treating this matter extremely seriously. we think there's a predator out there and he has to be stopped and he has to be caught. >> all the apartments on this block, it had to be somebody they knew, to know which room she was in and all that kind of stuff. >> investigators say they do not believe this family was specifically targeted. they did release a stretch of the suspect and they're treating the case as an attempted

stranger abduction. an antimass killing in south carolina. six people including two children were found dead tuesday inside a greenwood home. and police say they made that grisly discovery after responding to a threatening call from a man who was inside that house. all six people were reportedly the victims of gunshot wounds. the shooter is believed to be among the dead. a heartbreaking funeral following a day of aingngry protests in california. 13-year-old was laid to rest. he was shot seven times when officers apparently. the fbi is investigating the incident. more protests are scheduled. >> i was reading that often times kids remove that little cap that could potentially save your life. 37 minutes past the hour.

tragic scene on an arizona highway. low visibility from a dust storm causing a deadly pileup on interstate 10. this is right near phoenix. authorities say three people were killed. the chain reaction crash involved 19 vehicles including ten semi-trailers. more than a dozen people suffered injuries. authorities say gusty conditions created tunnels and blowing dust that settled over the highways. what about the winds today? will they continue? indira petersons is looking at that. >> what you're actually supposed to do in a dust storm, pull off the road, we know that. but turn your lights off. they want to be scene. if you can't see, cars think they're following the road and they crash into the back of you. >> great advice. >> i want to talk about the big storm, this is what meteorologists look at. it's almost like a bull's-eye on the weather. you're looking at this huge storm that's tracking its way across the country. really all the way through the

end of the week. that's the storm we're watching. there's lots of ingredients from that cold dry air but that same bull's-eye is moving across and making its way across to where the warm air is. you look for that severe weather risk. today, from kansas city all the way down to central texas we have the threat for strong thunderstorms. even an isolated tornado cannot be ruled out. tomorrow, notice where the severe weather stretches. we're talking ohio valley all the way down to houston. that is halloween. definitely something we all want to be aware of. we were talking about that in arizona. ohio valley, 40 miles per hour. same thing for tomorrow, we're looking at even stronger winds for tomorrow. lots to be aware of on halloween. >> thanks. coming up, we're going to introduce you to a hero. >> ma'am, are you okay? >> a new york bus driver making a life saving stop. what he did when he saw a suicidal woman standing on a

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welcome back, everyone. a bus driver in buffalo being called a hero this morning. after stopping a woman from jumping off a bridge. darryl barton was driving a city bus yesterday when he noticed the woman. she appeared ready to commit suicide. barton pulled the bus over and gently coaxed the woman off the expressway railing. >> she was distraught. she was distant. she was really disconnected. i grabbed her, and i grabbed her arm, and i put my arm around her, i said, do you want to come on this side of the guard rail? and that was actually the first time she actually spoke to me. and she said, yes. >> this only happened because this man cared. cared enough to stop and get out of the bus. barton says he believes he was driving by at that moment for a reason. >> i wanted to convey that, you know, whatever it was, i'm going to -- we're going help you

through whatever it is. it's not as serious as that. >> do you see him sitting there next to the woman? >> that's amazing. >> when he walked on the bus, passengers gave him a round of applause. that's the least of it. that man saved a life. that compassion simply, simply extraordinary. >> and the tenderness he showed her. helping her over, and sitting there with her on the side of the bridge. that was amazing. coming up on "new day," chris cuomo and kate bolduan joins us. we know that the u.s. went in to get the terrorist anas al libi, right? and now we know they're moving in on the diplomatic outpost in benghazi. there's your key word. but that raid never happened. why? we're going tell you. also a very strange story to tell you, very strange barges started popping up in san

francisco's bay and the other in portland, maine. some saying google is behind it. what's even less clear is what's on board those barges. we're going to investigate the possibilities this morning. >> the truth is out there. okay, guys. thanks. a pack of gum may have cost a denver area their car. true story here, but bob and christen monzell, a bear and her two cubs managed to break into the mon zel's car lured by the smell of chewing gum left inside. bob and kristen tell us what happened next. >> i was working in my office, and i came do take a delivery from u.p.s. he asked me what happened to my car because the doors were open. >> my husband called me and said you're not going to believe this, it looks like our car is totaled. >> it looks like it was

vandalized and indeed it was. apparently a bear and her two cubs. >> a bear. >> they were able to break into the car but the door apparently closed behind them. this happens very often and trapped the bears inside. the only thing left in one piece. do we have them again, it was bob's favorite pair of sunglasses. >> a bear and two cubs, it is proof this is in fact a family car. right? time for the morning rhyme. tweets of the day. the best one comes from robin. e.u. delegation at the white house talking spying. everyone does it, keep walking and quit crying. robin clearly having enough of the spy program. >> you can come up with your own tweet, tweet us with the #morningrhyme and #earlystart. coming up, retail outrage. >> to find out, you know, i'm being accused of using someone

else's card, i just really felt demeaned. >> we've been talking about this for days. two upscale new york retailers accused of racially profiling shoppers. the investigation now launched when we come back. try zyrtec-d®. powerful relief of nasal congestion and other allergy symptoms -- all in one pill. zyrtec-d®. at the pharmacy counter.

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start." 50 minutes past the hour. high-end new york retailer barneys is coming under quite a bit of fire. >> they sure are.

>> now coming under allegations of racial profiling. both believe they were confronted by new york city police after they left the store. one of those shoppers asking rapper jay z to step up and get involved. here's nick valencia. ♪ >> reporter: next month, jay z is set to sell a new fashion line at barneys. but a change.org petition is calling for him to end all partnerships with the new york retailer. that's because a second african-american college student has come forward to allegation racial profiling saying undercover officers stopped and questioned her after buying a $2,500 celine handbag. >> i wanted this bag. i deserve that bag. and then to find out, you know, i'm being accused of using someone else's card i felt demean. >> reporter: 21-year-old kayla philips came forward after

trayon christian made headlines claiming he, too, was racially profiled after purchasing a ferragamo belt in april. >> the officer stopped me from the left side saying i just got a card from barneys saying your card is not real. >> reporter: mark lee, ceo of barneys said quote, no customer should have the unacceptable experience described in recent media reports and we offer our sincere regret and deepest apologies. we want to reinforce that barneys new york has zero tolerance for any form of discrimination. "treme" star robert brown filed a suit this week against macy's. he said police accused him of using a fake credit card and detained him back in june.

>> we have not heard of end of this. >> jay z issued a statement because a lot of people were saying, listen, pull your line from there. he said i'm not going to pull my line because all the proceeds go to charity. right now, what i need to do is wait until an investigation is under way and i see what the outcome is there. coming up next, every extra sip of that soda could cost you. a city's new assault on sugary drinks that it wants to tax by the ounce. with unitedhealthcare, i get information on quality rated doctors, treatment options and cost estimates, so we can make better health decisions. that's health in numbers. unitedhealthcare. they always have. they always will. that's why you take charge of your future. your retirement. ♪ ameriprise advisors can help you like they've helped millions of others. listening, planning, working one on one. to help you retire your way... with confidence.

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we're going to start with breaking news this morning. we're getting word the u.n. arab

league envoy is set to meet with the syrian president bashar al assad in damascus. that's according to a syrian official. this is the first time the two men have met since last december. brahimi has been trying to gain support for peace talks next month between the al assad regime. >> and thought it was too severe to make progress. there could be a break. new developments this morning in the boston marathon case a friend for attorney of suspect dzhokhar tsarnaev demanding that sealed court documents be made public. he said keeping them under wraps is hurting his client's defense. another college classmate of tsarnaev is charged with removing evidence from the suspect bomber's dorm room after the marathon attacks. both of these men have pleaded not guilty. support for the death penalty for convicted murderers appears to be softening in the

united states. 60% support for capital punishment. and that's down from the 1990s. san francisco could become the next uggs city to try to tackle diabetes and childhood obesity by taxing sugary drinks. this is what officials are proposing a valid measure in 2014 that would ask voters to approve a two cent per ounce tax on soda and other drinks with added sugar. the measure would require approval from two-thirds of the city's voters to pass. two cents an ounce. >> ouch. >> every sip could count. that is all for "early start" this morning. you guys have a great day, it is time for "new day." >> take it away chris and kate. >> thank you very much. almost the top of the hour means it's time for the top news. ♪ i want to apologize to you that the website has not worked

as well as it should. facing the firing squad. kathleen sebelius set for a grilling on capitol hill. we have the very latest on how early the government was warned about obama caroleout problems. horrible halloween. a massive storm starts its ferocious start to the east. it threatens the holiday for millions. conspiracy. does apple deliberately cause your phone to get slow as it gets older forcing to buy a new one? the new theory that is sure to have you talking. >> your "new day" starts right now. >> announcer: this is "new day" with chris cuomo, kate bolduan and michaela pereira. >> are you guys cold. >> gold this morning but warming it up. >> good morning, welcome to "new day."

they are fiercely defending their practices and they deny some of the more outrageous allegations. all of this was going on as the german delegation, you'll remember, the u.s. is accused of spying on germany's leader. that delegation heads to the white house. plus, a story that has aviation experts confused and concerned, a small plane crashes at nashville's very busy airport and the pilot dies. then on the online application you're using for all of your schools keeps crashing, midway through. it's happening right now and the deadline is just days away. we'll discuss. up first, more trouble for the healthcare.gov website, yet another system outage reported overnight. keeping americans from signing up. this comes as